Native American tribes say they won’t enforce immigration law
As the July 29 enforcement date for Arizona’s strict new immigration law nears, Native American tribes are charging that the law was written without considering their unique circumstance and that it will violate their sovereignty and their members’ civil rights.
Despite a request by Gov. Jan Brewer’s office to comply with the new law, Native American tribes will continue to oppose it and seek ways to avoid its implementation, said John Lewis, executive director of the Inter Tribal Council of Arizona, which represents 20 tribes in the state.
“Tribes have jurisdiction within their land, and state law doesn’t apply,” Lewis said. “And the law just doesn’t work in the interests of the American Indian population.”
A resolution passed by the tribal council on June 4 states that the new law would lead to disproportionate stops and detentions for tribal members, violate their sovereignty and negatively impact the tribal economy.
In their resolution, the group says long-accepted standards of tribal life would suddenly be incongruous with the new law.
Enforcement of the law would force many law officers to reach the “reasonable suspicion” of illegal status for a large portion of Native Americans, whose legal presence within the U.S. has never been in question, the resolution states.
The resolution points out that English is a second language for many tribal members. And although each tribe has different laws, members of the tribes have not been required to carry their tribal membership documents, and some don’t possess a birth certificate or proper documents.
Navajo Nation Councilman Delegate Kee Allen Begay, Jr. said Arizona’s new law violates the civil rights of members of the Navajo Nation, the largest Native American tribe in the U.S. He said tribal members will be disproportionately targeted because some police might conclude that they are Hispanic.
“In a way, the immigration bill is an attempt to harass Native Americans,” Begay said. “When we are pulled over or stopped we are usually pulled over and asked for our IDs. Sometimes we do not carry those things, and perhaps at that time we will have difficulty proving we are Native American.”
Begay said the new immigration law does nothing positive for Native Americans. He hypothetically asked what non-Native Americans would think of a bill they perceived as targeting them for their ethnic appearance.
“What if we had a law that said whenever a white person is traveling through the Navajo Reservation, we have reasonable suspicion that they’re carrying drugs? Where would the outcry on that be?” Begay asked. “We were here before anyone else, before any white people, and now we’re going to be questioned about being here legally?”
Brewer’s office sent a letter May 24 to the Arizona Commission of Indian Affairs, asking the commission to cooperate with the state board that offers guidelines to law-enforcement agencies about how to enforce the new immigration law.
Paul Senseman, a spokesman for Brewer, said tribal leaders have been misled when it comes to some of the main points and details of the new law. He said protections against racial profiling were included in the new law specifically to address the concerns that the Inter Tribal Council has raised.
“The resolution appears to be premised on some wrong information about the bill,” Senseman said. “It’s abundantly clear throughout the law that race cannot be used to determine reasonable suspicion.”
Because Native American tribes have sovereign governments, the interplay between state law enforcement and tribal law enforcement relies upon specific agreements between the tribes and other law enforcement agencies, said Larry Scarber, a tribal liaison for the Arizona Department of Public Safety.
Several tribes maintain relationships that allow local, state or federal law enforcement agencies to cooperate with the tribal police, and work within the reservations. Each tribe has a different agreement with the agencies they cooperate with, Scarber said.
On some reservations, non-tribal police are called only in emergencies. On others, non-tribal police work, communicate and cooperate regularly with tribal law enforcement, Scarber said.
“There are so many variables,” he said. “With some of the tribes, our officers are able to enforce state laws on tribal lands, but the tribes are so different, and the way they choose to exercise their sovereign rights is always different.”
Scarber of DPS said if Arizona’s new immigration law is opposed by the tribes, the law would apply only to non-tribal members on the reservation, or to tribal members when they leave the reservation. He said his agents will apply the law in accordance with the agreements they have with the tribes, and that many of the procedures will have to be developed as the new law goes into effect.
Brewer tasked the Arizona Peace Officers Standards and Training (AZPOST) board with developing the law enforcement training and procedural guidelines for the immigration law by the end of June.
Lyle Mann, the group’s executive director, said the concerns raised by tribes in Arizona came too late in the development of the training materials and will not be addressed specifically.
“The guidance will be: Go talk to your tribe and decide what you want to do,” he said.
The Inter Tribal Council of Arizona plans to meet with the National Congress of American Indians next week to agree on unified opposition to the new law and explore ways to prevent its implementation on tribal lands, Lewis, director of the council, said.
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22 Responses to “Native American tribes say they won’t enforce immigration law”
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June 14th, 2010 at 7:36 pm
[...] and that it will violate their sovereignty and their members’ civil rights. AZ Capitol Times Go to Source Back to Feed Share | This entry was posted on Monday, June 14th, 2010 at 9:36 pm and [...]
June 14th, 2010 at 9:17 pm
[...] Arizona Capitol Times » Blog Archive » Indian tribes oppose new immigration law azcapitoltimes.com/blog/2010/06/14/indian-tribes-oppose-new-immigration-law/ – view page – cached * Home > Latest News, Native Americans, illegal immigration, law enforcement > Indian tribes oppose new immigration law Tweets about this link Topsy.Data.Twitter.User['justamexican'] = {”photo”:”http://a3.twimg.com/profile_images/62991167/tortillas_icon_normal.jpg”,”url”:”http://twitter.com/justamexican”,”nick”:”justamexican”}; justamexican: “Unless you make it retroactive, say around 1492? RT @azcapitoltimes: Indian tribes oppose new immigration law: http://ow.ly/1Yw9P #sb1070 ” 5 minutes ago retweet Topsy.Data.Twitter.User['otbl'] = {”photo”:”http://a1.twimg.com/profile_images/412990456/boy_normal.jpg”,”url”:”http://twitter.com/otbl”,”nick”:”otbl”}; otbl: “Indian tribes oppose new immigration law: … that the law was written without considering their unique circumstan… http://bit.ly/ak8WPv ” 18 minutes ago retweet Topsy.Data.Twitter.User['azcapitoltimes'] = {”photo”:”http://a3.twimg.com/profile_images/853458551/azcaptimeslogo_normal.png”,”url”:”http://twitter.com/azcapitoltimes”,”nick”:”azcapitoltimes”}; azcapitoltimes: “Indian tribes oppose new immigration law: http://ow.ly/1Yw9P ” 2 hours ago retweet Filter tweets [...]
June 15th, 2010 at 6:30 am
SB 1070 promises to enlarge the gulf between diverse communities and pit groups against one another, rather than encouraging people to work together to find mutually beneficial solutions to challenging issues. New Arizona Immigration Law Tests Definitions of Freedom in the US.
Is it possible to find way out of the situation created? show the world what you think at http://immigration.civiltalks.com
June 15th, 2010 at 8:01 am
[...] Evan Wyloge of the Arizona Capitol Times notes, here, the tribes say the law will violate their sovereignty and civil [...]
June 15th, 2010 at 9:39 am
I, for one, am an enrolled native that supports the new law. I would love to see it become a National law. We NEED to do something about the number of illegal’s within and entering the US. Actually, the question is what occurs when an illegal is found? If the answer is nothing, like it is in many places, then what’s the use?
Steve
June 15th, 2010 at 10:37 am
I’m happy to heard a native supporting the new law thank you steve it is brave of you to say this, I am also a federally recognized indian and who also support the LAW, we need to protect our borders.
June 15th, 2010 at 7:24 pm
I am a native who is against this law. It discriminates and stinks of racial profiling. The boarders are the safest area’s of the entire United States, source FBI Report 2010.
Although I am all for Legal Reform of the Immigration Laws, when it is reformed within the structure of Indigenous Rights and International Law. A large percentage of Mexicans are descendants of native blood, they are Indigenous.
Protect the boarders with the understanding of what Indigenous Rights represents for the bloodlines of Turtle Island.
Maliseet First Nation.
June 16th, 2010 at 8:11 am
There is no need to be sneaking in the back door. The front door should be the the way. no matter if you’re black, blue, red, green, yellow or white. Rules are made to be followed to keep an orderly conduct. And yet some people are not following the rules by using the front door. That’s what this is all about.
June 16th, 2010 at 12:12 pm
I utterly oppose SB 1070!!! I can understand AZ’s frustration, however when you pass other bills such as English only, regulating accents, taking away tribal sovereignty rights, limiting ethnic studies (history/cultural) and possibly not giving citizenship to kids of illegal immigrants carries a racist tone. Many non-natives became citizens of illegal immigrants who were born here. Perhaps Jan’s family? SB 1070 is clearly not the solution. For people supporting this bill are confused about its true intentions and underlying meaning of the bill! AZ is going to keep taking away rights of minorities following this bill.
June 21st, 2010 at 9:45 am
[...] http://azcapitoltimes.com/blog/2010/06/14/indian-tribes-oppose-new-immigration-law/ [...]
June 25th, 2010 at 12:28 pm
SB1070 what about the illegal anglo people from foreign countries, like Canada, England, Austrialia, New Zealand, Germany, Ireland, besides the illegal people from South of the Border?
July 12th, 2010 at 10:54 am
The Indians have a right to argue about the New Law SB1070. And there are many other people that may be concerned. However, Mrs. Jan Brewer is a one track minded individual that will not listen. She has in her mind that this law will be functional for the good of the Arizona State. Many of her followers believe she is in the right track, they believe the law will succeed. The idea is spreading all over the United States. Pass the law in the whole country, and all the USA citizens will be happy. The illegal immigrants will be sent to their country origin, Mrs. Jan Brewer will become a hero in The Arizona State. This senario would be perfect, no more illegal immigrants, no more crime, the USA would be a perfect place to live. One question, \Would not this type of senario attract more people of coming to the United States?\ Seeing that a law as the SB1070 was good and functional, people would enter this country in a wink of an eye. But sorry folks, it will not work. Too many obstacle are in the blind path. Some of our leaders see them, but are ignored for political reasons. The Federal Government has the right to put in order the constitutional laws, regardless of their past mistakes. Nobody is aloud to surpass such law in the United States, not even Mrs. Jan Brewer. Sorry for this comment, it’s my opinion
July 15th, 2010 at 10:23 am
[...] Arizona Capitol Times is reporting that Native American tribes will not enforce SB1070! “In a way, the immigration bill is an [...]
July 17th, 2010 at 12:47 pm
Long Live the Navajo Nation! We must maintain the strong connection between indigenous peoples of the Americas and the indigenous roots of the Mejicano/Chicano/Latino people of the Americas. The victims of war and plunder on native lands and culture will unite and support each others’ struggles for dignity and civil rights. I am from Texas and live in Minnesota. I have witnessed the racist hatred of privileged landowners–the heirs of White settler thieves who stole Indian and Meztizo lands–in South Texas and I have learned of the devastation and theft of Indian peoples of the Northern Anishinabe, Lakota, and Dakota. In Minnesota, an SB 1070 clone is being proposed in the State legislature (FB 3830, http://www.facebook.com/pages/Stop-Minnesotas-Anti-Immigration-Bill/115439858494757?v=info). I can only hope that Native peoples of the northern states will follow your example and oppose this racist campaign. I know that Latinos in Arizona are deeply appreciative of Navajo solidarity with their struggle for human and civil rights.
Repeal SB 1070
Solidarity with and Self-Determination for the Navajo Nation
¡Venceremos!
July 18th, 2010 at 6:49 am
[...] like the US, Canada and Australia are built upon conquest, near genocide and occupation. The subsequent [...]
July 18th, 2010 at 8:18 am
[...] Before there was the state of Arizona, before U.S. colonial westward expansion, and before the Spanish even, the land now known as Arizona was populated by indigenous nations and tribes and some of those tribes are rejecting the imposition of SB1070. [...]
July 21st, 2010 at 1:34 pm
[...] groups in Arizona have made it clear they will not enforce the new Arizona anti-immigrants law. An Arizona Capitol Times report by Evan Wyloge states: Native American tribes are charging that the law was written without considering their [...]
July 23rd, 2010 at 11:49 pm
Immigration should be dealt with at the federal level, not at the state level. If you want illegal immigrants to not enter the country - maybe you should be protesting at all the businesses that actively recruit and hire illegal immigrants so they can have a cheap source of labor!!
July 26th, 2010 at 2:34 pm
I am a Native person and I sooo agree with this law. We are being inundated by Illegal’s that it’s not funny anymore. Seriously though, it’s happening every where! By so many other people too. It’s not just a target on illegal Mexican’s. We have ILLEGAL: Chinese, Russian, Vietnamese and a whole lot of other people running the borders.
As far as the implications on Tribal sovereignty, I believe that it’s up to each Tribal government to opt in or out.
I’m sitting here thinking about the here and now. Our Native languages do not sound like “Spanish” so when a cop pulls someone over, it should be quite clear, and self-evident that the person is, or is not from Mexico. The same holds true to the illegal Chinese person or other illegals.
We can no longer accept these people. Charge them, photograph them and send them back. Keep an up to date database accessible by all law enforcement.
Forgot to mention one other aspect, there are also a number of Hispanics that have the characteristics of being Caucasian. The tell tale sign is the thick Spanish accent.
July 27th, 2010 at 11:26 am
Just like everyone else who thinks the bill is racist, Kee Allen Begay needs to actually read the bill.
He said tribal members will be disproportionately targeted because some police might conclude that they are Hispanic. THE LAW PROHIBITS RACISM! Someone can only be asked for identification if they are 1) already breaking the law AND if there is reasonable suspicion they are here illegally, of which RACE CANNOT BE USED. Great comment Kee Allen Begay. You’re well informed. Glad we have such great leaders for our people.
July 31st, 2010 at 12:01 pm
[...] Native American Tribes Say They Won’t Enforce Immigration Law [...]
August 2nd, 2010 at 12:37 pm
If We support this Bill then it will be Mexicans/ Hispanics targeted, especially those who are Darker and Physically more Indian, not those who could pass for white. Lets not be Naive. Wake up People, Its continuing racism all over again. “Manifest Destiny” Does it Ring a Bell! Call it what you will….. it began Nearly 500 yrs ago with our ancestors, and laws like these prove that it continues to this very day with the disguise of “Protecting our Borders. Be strong and stand for those who may be unfairly targeted by these Racist Laws. Dont play into the Politics and fall for the Trap it’s them against Us!!!! Knowledge is Power!